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Home My WebLink AboutORD 2011-025 2010-2012 -4 OF COUNTY OF HAWAII '• STATE OF HAWAII o -_ �T� Of•Mp�N BILL NO. 13 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, ARTICLE 4 AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO USE PERMITS AND TELECOMMUNICATION ANTENNA AND TOWER WITHIN THE OPEN ZONE DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 2, division 6, section 25 -2 -61 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) The following uses shall be permitted within designated County zoning districts only if a use permit is obtained for the use from the commission: (1) Bed and breakfast establishments in RS districts. (2) Crematoriums in all districts. (3) Churches, temples and synagogues, including meeting facilities for churches, temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and A districts; provided that a minimum building site area of ten thousand square feet is required within the RS, RD, RM, and RA districts. (4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. (5) Golf courses and related golf course uses including golf driving ranges, golf maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA, A, V, CG, CV, and O districts. (6) Group living facilities that exceed the criteria in subsection 25- 1 -5(b), paragraph (b) of the definition of "group living facility" in the RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and other similar uses devoted to the care or treatment of the aged, the sick, or the infirm in the RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, RCX and RA districts. (8) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. (9) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts. (10) Schools in RS, RD, RM, RA, FA and A districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. (11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A [] IA and O districts. (12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. (13) Wind energy facilities in the O district; provided that the property is within the state land use agricultural district. (14) Other unusual and reasonable uses which are not specifically permitted in any zoning district with the approval of the director and the concurrence of the council by resolution." SECTION 2. Chapter 25, article 4, division 1, section 25 -4 -12 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) A telecommunication antenna or tower shall be permitted in the V, CN, CG, CV, MCX, ML, MG[-,-O-,] and CDH districts; provided that the antenna, tower, and its use are not hazardous or dangerous to the surrounding area and the director has issued plan approval for such use. A telecommunication antenna or tower may be permitted in the RS, RD, RM, RCX, RA, FA, A [] IA and O districts if a use permit is obtained for such use. Where there is an existing telecommunication tower, co- location of additional antenna or equipment will be permitted provided the director has issued plan approval for such use." SECTION 3. Chapter 25, article 5, division 16, section 25 -5 -162 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) The following uses shall be permitted in the O district: (1) Aquaculture activities and facilities. (2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (3) Community buildings, as permitted under section 25 -4 -11. (4) Existing churches and temples of historical significance. (5) Forestry. (6) Game preserves. (7) Growing of plants provided such growth does not impair a view intended to be preserved in the O district. (8) Heiaus, historical areas, structures, and monuments. (9) Natural features, phenomena, and vistas as tourist attractions. (10) Private recreational uses involving no aboveground structure except dressing rooms and comfort stations. (11) Public parks. (12) Public uses and structures, as permitted under section 25 -4 -11. 2 L an t e nnas , as pefmitted under- seetion 25 4 12.-] ([4 13) Utility substations, as permitted under section 25 4 - 11." SECTION 4. Chapter 25, article 5, division 16, section 25 -5 -162 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (b) to read as follows: "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the O district, provided that a use permit is issued for each use: (1) Crematoriums. (2) Golf courses. (3) Yacht harbors and boating facilities; provided that the use, in its entirety, is compatible with the stated purpose of the O district. (4) Wind energy facilities; provided that the property is within the state land use agricultural district. (5) Telecommunication antennas. SECTION 5. Material to be repealed is bracketed and stricken. Material to be added is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 6. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 7. This ordinance shall take effect upon its approval. ODUCED Y: COUNCIL MBER, CO T O �H AI`I Hilo , Hawai`i Date of Introduction: February 16, 2011 Date of 1 Reading: February 16, 2011 Date of 2 nd Reading: March 2, 2011 Effective Date: March 28, 2011 REFEREma, Care, 47 3 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Pete Hoffmann ROLL CALL,VQT�,, Date Introduced: February 16, 2011 AYES NOES B 1?x First Reading: February 16, 2011 Blas X Published: N/A Ford X Hoffmann X REMARKS: Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X Second Reading: March 2, 2011 9 0 0 0 To Mayor: March 14 2011 Returned: March 28 2011 ROLL CALL VOTE Effective: March 28, 2011 AYES NOES ABS EX Published: April 5, 2011 Bias X Ford X REMARKS: Hoffmann X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the ounty Council published as indicated above. APPROVED AS TO ►�; FOR AND LEGALITY: COUNCIL AIRP ON DEPU CO'R ORATI N COU EL COUN Y OF HAWAII Date 7? 1 � 2 0 11 CO NTY CLERK 13 Bill No.: � �t C- 47/PC -7 Approved/D' oved this Z 4, day Reference: Ord No.: f 2p 1 - �Jj� MAYOR, CO UNTY OF HA WAI7 Ordinances Numbered 11-25,11-26,11-27,11-28, and 11 -29 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on March 2, 2011, by vote, as listed below: Ordinance 11 -25 (Bill 13): An Ordinance Amending Chapter 25, Article 2, Article 4 and Article 5, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Use Permits and Telecommunication Antenna and Tower Within the Open Zone District. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 11 -26 (Bill 14): An Ordinance Amending Chapter 25, Article 2 and Article 5, of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Use Permits and Schools. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 11 -27 (Bill 15): An Ordinance Amending Section 25 -8 -33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification From Single - Family Residential — 10,000 Square Feet (RS -10) to Industrial Commercial /Mixed — 20,000 Square Feet (MCX -20) at Waiakea, South Hilo, Hawaii, Covered by Tax Map Key: 2 -2- 050:040. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 11 -28 (Bill 16): An Ordinance to Amend Ordinance No. 10 -59, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2011. AYES: Council Members Blas, Ford, Hoffmann, Ikeda, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong — 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 11 -29 (Bill 18, Draft 2): An Ordinance Amending the Hawaii County Code 1983 (2005 Edition, as Amended), by Establishing a New Chapter Relating to Redistricting. AYES: Council Members Blas, Ford, Hoffmann, Pilago, Smart, Yoshimoto, and Chair Yagong — 7; NOES: Council Members Ikeda and Onishi — 2; ABSENT: None; EXCUSED: None. mae . K. Kawauchi unty Clerk (Hawai `i Tribune - Herald — April 5, 2011) (West Hawaii Today — April 5, 2011)